Welch Wants Insurer's 'Undisputed' Facts Tossed

Law360, New York (June 7, 2010, 12:52 PM EDT) -- Welch Foods Inc. has asked a court to strike some portions of Axis Surplus Insurance Co.'s summary judgment memorandum and statement of “undisputed material facts” in a coverage dispute over false advertising claims, saying the insurer is improperly relying on information that is extraneous to the underlying complaints.

In Massachusetts, an insurer’s duty to defend is determined by comparing only the insurance policy and the underlying complaint against the policyholder, Welch said in a motion filed Friday in the U.S. District Court for the District of...